Cite, release and more

The ability to cite small-time marijuanaoffenders results in a patchwork system.

Copyright 2014: Houston Chronicle

Updated 6:54 pm, Thursday, August 21, 2014

Photo: Cody Duty, Staff

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A Conroe Police Department officer stands amongst 10,000 to 20,000 Marijuana plants in Conroe that were later cut down.

A Conroe Police Department officer stands amongst 10,000 to 20,000 Marijuana plants in Conroe that were later cut down.

Photo: Cody Duty, Staff

Cite, release and more

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While you may not find Texas listed alongside marijuana-friendly states like Colorado and Washington, we actually decriminalized possession of small amounts of marijuana back in 2007 - sort of. State law allows peace officers to issue a citation for certain misdemeanor crimes, such as graffiti, criminal mischief, theft and, yes, possession of marijuana. Instead of every Willie Nelson fan caught with a joint having to spend a night in the slammer before meeting with a judge, smokers could have a set appointment in court the next week. This system saves space in crowded jails and saves otherwise harmless citizens an unnecessary trip. It also saves police officers' time that could be spent keeping Houston safe.

Democratic candidate for District Attorney Kim Ogg has embraced this policy in something she calls "No jail, no bail, no permanent record, if you earn it." Republican incumbent Devon Anderson's competing marijuana policy plan, which is scheduled to begin this fall, would still require every suspect to be hauled to a police substation.

We encourage Anderson to take the next step to a full "Cite and Summons," but Texas shouldn't have to settle for a patchwork policy that leaves too much discretion in the hands of local law enforcement. We need a statewide change in marijuana laws.

Our nation's drug war has been used to justify an expensive and violent expansion of police powers, and all too often the burden of this war falls on black communities. While white kids are more likely to smoke pot than black kids, according to a study from the American Civil Liberties Union, the latter are 3.73 times more likely to be arrested for it. This disparity exists across the nation, but rural counties are among the worst cases. In Chambers County, east of Houston, more than 3.5 percent of the entire black population was arrested for marijuana possession in 2010 - the second-highest black arrest rate for marijuana in the nation. That same year, less than one-half percent of the white population was arrested.

In Cooke County, north of Dallas, 2.9 percent of the entire black population was arrested for marijuana possession in 2010. In Van Zandt County, east of Dallas, it was 2.8 percent. Whether it is intentional, Texas' war on drugs is specifically targeting black people at a rate far above whites, despite similar drug use. Shuttling nearly three out of every 100 people through our courts and prisons undermines community strength and weakens faith in our public institutions. Simply taking the barbs out of criminal justice in large counties won't address these worst cases of racially unbalanced results. If we can't enforce our laws equally, then the question remains as to whether we should be enforcing them at all.

Even with citation and summons, the accused still face the full spectrum of possible punishment under a misdemeanor, including jail time. These punishments can do more harm than the crime itself. It is time for Texas to embrace a full decriminalization - which treats possession like a speeding ticket - or even strictly regulated legalization.

Marijuana isn't healthy, and scientists have reason to believe that it could be particularly damaging to teenagers' still-developing brains, but it is hard to imagine a greater threat to a successful life than our oft-unforgiving criminal justice system.